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OpenMarket: Regulatory Reform

  • VIDEO: Reforming Antitrust for Global Competitiveness

    March 27, 2020
    The Information Technology and Innovation Foundation recently hosted its latest virtual event, “Reforming Antitrust Policy for an Era of Global Competitiveness.” ITIF President Rob Atkinson set up the discussion with the premise that European Union and United States antitrust policy may need to change—that is, loosen—to accommodate the consolidation of national champion-type firms in China.
  • Regulation, Not Offshoring, Is Hindering Industry from Ramping up Production

    March 25, 2020
    In his latest Bloomberg column, Noah Smith argues that offshoring production led to the current shortage of medical masks and equipment in the face of the coronavirus. The real question is: Why can’t we suddenly switch production and churn out millions of masks a day in the face of an unanticipated calamity? The answer to that is not offshoring, but regulation.
  • This Week in Ridiculous Regulations

    March 23, 2020
    Governments are responding to the coronavirus with a getting rid of harmful regulations on restaurants, schools, and stores. Most of these rules were never needed in the first place, and a growing list of such rules is available on Twitter’s #NeverNeeded hashtag. Meanwhile, agencies issued new final regulations ranging from vegetable oil emissions to how to treat astronauts.
  • Getting Rid of #NeverNeeded Regulations Hindering Coronavirus Response

    March 18, 2020
    What can Washington do to minimize harm from the coronavirus? Some of the best policy responses are coming not from imposing new regulations, but from loosening old ones. In fact, many such rules were never needed in the first place. To that end, a Twitter hashtag, #NeverNeeded, is collecting a small but growing list of ideas for rules to get rid of, as well as rules that already have been eased.
  • This Week in Ridiculous Regulations

    March 16, 2020
    It was a rough week. Coronavirus infections and deaths continued to climb. Wall Street is officially in a bear market, and Congress and President Trump are considering all manner of unwise flash policies.
  • As Supreme Court Debates CFPB Constitutionality, Agency Accountability Hangs in the Balance

    March 13, 2020
    The Supreme Court heard oral arguments last week over the constitutionality of the Consumer Financial Protection Bureau and whether, as currently structured, it is too far removed from executive oversight. The outcome of this case has become increasingly important given the Bureau’s continuous efforts to skirt legal accountability and harass businesses into near bankruptcy.
  • This Week in Ridiculous Regulations

    March 9, 2020
    Coronavirus continued to spread, the Democratic presidential field significantly narrowed, and the former head of the UAW was charged with embezzlement. Meanwhile, agencies issued new final regulations ranging from electrical shock therapy to spiny dogfish specifications.
  • A One-Stop Executive Order 13891 Guidance Document Portal

    March 2, 2020

    If agencies are required to compile and list all their sub-regulatory guidance documents and post, link and consistently index them on a portal, can we still call it “regulatory dark matter”?

    So far, yes. Despite the long-awaited (by a handful) new guidance document portals required to be housed at agencies, disclosure for guidance documents still has a ways to go in Washington.

    A deadline of sorts happened February 28. Agencies, while given a grace period until June 27 to list what they missed, were required (by Executive Order 13891 and a subsequent White House directive) to create "a...

  • EPA, Interior, and other Federal Agencies Post Guidance Documents on Searchable Websites

    March 2, 2020
    On February 28, the EPA and other federal agencies posted all their guidance documents on searchable websites, complying with an OMB deadline to implement Executive Order 13891. Unlike federal regulations, guidance documents do not have to go through public notice and comment before being adopted. Yet, guidance documents are often enforced as if they were laws. Posting all guidance documents on searchable websites is a huge advance in government transparency. 
  • This Week in Ridiculous Regulations

    March 2, 2020
    The coronavirus outbreak began to infect financial markets as well as people, with stock markets having their worst week since at least 2008. The number of new regulations in 2020 also reached 500 on Friday. Meanwhile, agencies issued new final regulations ranging from portable bed rails to Canada goose permits.


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